Merritt v. Huber

— The plaintiff operated a portable sawmill, and the defendant sent thereto certain logs, which were to be sawed according to directions. ' One of the logs was cut from a-tree that stood in- the defendant’s yard, and there was embedded therein, out of sight, an “ old gate iron.” In sawing the log the saw struck the iron and was broken. This suit was brought to recover the value of the saw; the plaintiff in her petition alleging negligence on the part of the defendant, and a rule, known to the defendant, that no yard logs or logs containing iron would be sawed. The ease was tried below on an…